Supreme Court Urged to Reconsider Ruling That Could Limit Access to Abortion Pill

The Biden administration has made a plea to the Supreme Court to reconsider a lower-court ruling that could significantly restrict access to the abortion pill, mifepristone. The Justice Department argues that mifepristone is an essential method for terminating early pregnancies for many women. It has stated that if access to mifepristone is lost, it would have damaging consequences for women and healthcare providers across the country. The manufacturer of the abortion pill, Danco Laboratories, has also filed a similar petition asking the court to reverse the decision.

Last month, the 5th Circuit Court of Appeals ruled that mifepristone should not be prescribed past seven weeks of pregnancy or through telemedicine. Currently, the pill remains on the market in states where abortion is legal, as well as through telemedicine or mail, while the Supreme Court determines whether to hear the case. If the court agrees to take up the case in the fall, mifepristone will likely continue to be available under these conditions until a decision is reached, most likely in 2024, during a presidential election cycle. However, if the court upholds the 5th Circuit’s ruling, access to the abortion pill could be significantly reduced nationwide. This decision would also weaken the authority of the Food and Drug Administration (FDA) in approving medications.

The Justice Department highlights that the lower court decisions restrict access to an FDA-approved drug based on disagreement with the FDA’s judgment on the drug’s safe use. They argue that this has never been done before, especially after these conditions had been in effect for years. Mifepristone, the first pill in a two-pill regimen, was approved by the FDA in 2000 and is now responsible for over half of all abortions performed in the United States. It is also commonly used to treat miscarriages.

Last year, anti-abortion rights groups filed a lawsuit in Texas, claiming that the FDA improperly approved mifepristone. In May, a panel of three judges, two of whom were appointed by former President Donald Trump and one by former President George W. Bush, heard arguments in the case. Opponents of abortion-rights argue that the federal agency ignored safety risks associated with the abortion pill and later relaxed regulations, such as reducing the number of doctor’s appointments required to receive a prescription.

The Justice Department counters these claims, stating that they are speculative and false. They assert that the federal government did not find any evidence suggesting that expanding access to mifepristone increased the number of women experiencing complications after taking the pill.

This dispute over mifepristone is the first major abortion-related case to be decided by the Supreme Court since the ruling on Roe v. Wade last year.